- 1 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1274 OF 2023 (MV-I) BETWEEN: K. BASAVARAJA ALIAS KALKERE BASAVARAJA S/O CHANNABASAPPA AGED ABOUT 27 YEARS OCCUPATION: AGRICULTURIST AT PRESENT C/O N. MALLAPPA NOW R/O SHIVAKUMARASWAMY LAYOUT DAVANAGERE CITY-577 001 …APPELLANT (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. C. RAMANAGOUDA S/O C. BASAVANAGOUDA AGED ABOUT 29 YEARS DRIVER OF TRACTOR BEARING REG. NO. KA-17/TC-1856 R/O NANDIBEVURU VILLAGE HARAPANAHALLI TALUK DAVANAGERE DIST-577 001 2. BAGALI BULLAPPA S/O NARAPPA AGED ABOUT 51 YEARS OWNER OF TRACTOR BEARING REG. NO. KA-17/TC-1856 R/O NANDIBEVURU VILLAGE HARAPANAHALLI TALUK DAVANAGERE DIST-577 001 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 3. DIVISIONAL MANAGER L AND T INSURANCE COMPANY LTD BRANCH OFFICE:1ST FLOOR SHUNAM BUILDING NO.7, MAGARTH ROAD BANGALORE-560 025 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R3; VIDE ORDER DTD.01.12.2023, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2022 PASSED IN MVC NO.67/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 27.10.2022 passed in MVC.No.67/2019 on the file of II Additional Senior Civil Judge and JMFC at Davangere (for short, ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal. - 3 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. It is the case of the claimant that on 25.10.2016, when the claimant was going on his motorcycle along with one Virupakshappa, the Tractor bearing Registration No.KA-17-TC-1856 dashed the motorcycle of the claimant, which is proved by production of police records and medical records at Exs.P1 to P11. Negligence is rightly attributed against the driver of the offending vehicle - the Tractor. 4. On the claimant filing the claim petition, the tribunal has awarded total compensation of Rs.3,22,920/- along with interest at 9% p.a, fastening the liability against the Insurance Company along with other respondents jointly and severally and directed respondent - Insurance Company, to pay the compensation. 5. Now coming to the question of age, avocation, income, appropriate multiplier and the disability. The - 4 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 tribunal has taken Rs.9,000/- as income. However, income taken by the tribunal appears to be on the lower side. I am in agreement with the learned counsel for the claimant that the income requires to be enhanced to Rs.9,500/- in consonance with the Legal Services Authorities Chart for the year 2016, which prescribes Rs.9,500/- p.m. The multiplier taken at '18', which is correct, does not call for interference. 6. Doctor is examined as PW.2, who has opined disability to an extent of 32% to the right lower limb. The tribunal has taken 8% disability, same requires to be enhanced to 10%. Therefore, loss of future earning capacity due to disability would be Rs.2,05,200/- (Rs.9,500 x 12 x 18 x 10%) as against Rs.1,55,520/-. 7. Towards pain and suffering Rs.50,000/-, medical expenses at Rs.68,402/- and food, nourishment and conveyance charges at Rs.20,000/- is awarded by the tribunal. Same is retained. - 5 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 8. Towards loss of amenities, Rs.45,000/- is awarded as against Rs.20,000/-. 9. Towards loss of income during laid up period, the tribunal has awarded Rs.9,000/-. The claimant would require at-least three months period to recuperate and to get back to his normal day to day activities. Therefore, the claimant would be entitled to Rs.28,500/- (Rs.9,500 x 3) under this head. 10. In view of the discussions made hereinabove, the appellant - claimant would be entitled to total compensation of Rs.4,17,102/- as against Rs.3,22,920/- as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future income 2,05,200-00 2 Pain and suffering 50,000-00 3 Loss of amenities 45,000-00 4 Loss of income during laid-up period 28,500-00 - 6 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 5 Food, nourishment, attendant and conveyance charges 20,000-00 6 Medical expenses 68,402-00 TOTAL 4,17,102-00 11. Accordingly, I pass the following: ORDER i) The appeal is allowed in part. ii) The impugned Judgment & Award dated 27.10.2022 passed by the II Additional Senior Civil Judge and JMFC at Davangere in MVC No.67/2019, is modified. iii) The appellant-claimant would be entitled to total compensation of Rs.4,17,102/- as against Rs.3,22,920/- awarded by the tribunal along with interest at 9% per annum. iv) The enhanced compensation amount shall be paid with interest at 6% per annum within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal by electronic transfer to - 7 - NC: 2025:KHC:3304 MFA No. 1274 of 2023 the claimant upon furnishing the required bank details/upon proper identification. vi) All other terms and conditions stipulated by the tribunal shall stand intact. Sd/- (PRADEEP SINGH YERUR) JUDGE AM List No.: 1 Sl No.: 16